SUBROGATION ETHICS: GETTING THE MONEY (ETHICALLY) AS PRESENTED AT THE NASP 2000 CONFERENCE
|
|
- Annabelle Brooke Cain
- 7 years ago
- Views:
Transcription
1 SUBROGATION ETHICS: GETTING THE MONEY (ETHICALLY) AS PRESENTED AT THE NASP 2000 CONFERENCE by Scott S. Katz Butler Burnette Pappas Miami Tallahassee Tampa
2 Subrogation Ethics: Getting The Money (Ethically) I. Ethical Dilemmas During The Investigation And Coordination of Subrogation Claims A. "Staying True" to the Insurer-Client Relationship 1. During the investigation of a subrogation claim, the initial contacts with the insured often can create ethical dilemmas for subrogation attorneys and insurance adjusters. This is because the information revealed by the insured may be detrimental to the insured's claim for insurance benefits. 2. It is critical to make sure that the insured understands that during the initial investigation of a subrogation claim, the insurer and the insured do not necessarily have totally aligned interests. a. Coverage questions may exist. b. Disputes on damages valuation can arise. c. Strategy differences concerning methods for notifying tortfeasors may develop. 3. Subrogation counsel must make sure that he clearly communicates to the insured that during the investigation of the subrogation claim he is only an attorney for the insurer. The subrogation attorney can never mislead the insured about his purpose. a. "In the course of representing a client, a lawyer shall not knowingly: (a) Make a false statement of material fact or law to a third persons;... Model Rules of Professional Conduct Rule 4.1(a) (1999). b. "In dealing on behalf of a client with a person who is not represented by counsel, a lawyer shall not state or imply that the lawyer is disinterested. When the lawyer knows or reasonably should know that the unrepresented person misunderstands the lawyer's role in the matter, the lawyer shall make reasonable efforts to correct the misunderstanding." Model Rules of Professional Conduct Rule 4.3 (1999). 2
3 c. Although there is no prohibition on offering generic advice" to an unrepresented insured during the investigation of a subrogation claim, the subrogation attorney must not offer "legal advise." If asked to do so, the subrogation lawyer has an ethical duty to tell the unrepresented insured to seek out independent counsel. See Model Rules of Professional Responsibility Rule 4.4 cmt. (1999). d. From a practical point of view, one must also remember that during the investigation of a subrogation claim, information transmitted by the insured to subrogation counsel is not protected by the attorney-client privilege. However, that same information - - if transmitted to either a subrogation lawyer or an insurance adjuster -- may qualify for limited protection from subsequent discovery if it can be deemed work product. 4. Insurance adjusters involved in the investigation of a potential subrogation claim must communicate clearly to the insured that there is a "duality of purpose" during the loss investigation, to wit: The facts revealed during the investigation could affect both the presently pending first party insurance claim and the anticipated subrogation claim. Insurance adjusters must make sure that the insured understands that at the early stages of the investigation, there is not necessarily a total alignment of interests between the insurer and the insured. See Rules of Professional Conduct, for CPCU, Rule 3.1 (1995). 5. Insurance professionals involved in the investigation of subrogation claims "shall not violate any law or regulation relating to professional activities... Rules of Professional Conduct, for CPCU, Rule 3.3 (1995). Thus, insurance professionals must make sure that their investigative activities do not constitute spoliation of evidence to the detriment of their own insureds or any other persons. See Miller v. Allstate Ins. Co., 573 So. 2d 24 (Fla. 3d DCA 1990); Auto Owners Ins. Co. v. Chapman, 469 SE.2d 783 (Ga. Ct. App. 1996). B. "Tagging On" The Insured's Uninsured Claim 1. There is no ethical prohibition against having one attorney represent and coordinate the subrogation claims of an insurer and its insured, respectively. In fact, this is the preferred practice because it allows for a coordinated legal strategy with a reduction in costs. 3
4 2. When considering whether to add on the uninsured interests of an insured to an insurer's subrogation claim. the subrogating carrier must consent knowingly to the arrangement, and the insurance adjuster and subrogation lawyer must be certain that the attorney can be loyal to both the "old" and new client. Further, the now, multiple clients and their attorney must directly consider all of the pros and cons of such multiple party representation before proceeding with such representation. See Model Rules of Professional Conduct Rule 1. 7(b)(I 999), ABA Comm. On Professional Ethics and Grievances. Formal Op. 282 (1950); ABA Comm. On Ethics and Professional Responsibility, Informal Op (1976). 3. So long as a full disclosure of the pros and cons of multiple party representation takes place, the interests of the insurer and insured do not have to be totally aligned. See Model Rules of Professional Conduct Rule 1.7 cmt. (1999); State Bar of Georgia, Formal Op (1993) (Ethical Considerations of an Attorney Representing an Insurance Company on a Subrogation Claim and Simultaneously Representing the Insured); See generally, Acheson v. White, 487 A.2d 197 (Conn. 1985); Sellers v. Superior Court of Az., 742 P.2d 292 (Ariz. Ct. App. 1987). C. Solicitation of Services 1. There are severe restrictions on the ability of an attorney to solicit new business directly from an injured party. However, because the subrogation attorney is initially placed in contact with the insured by a "prior personal or professional relationship," i.e., during a time period when she is working solely for the insurer, it is ethical for the subrogation attorney to subsequently approach the insured for the purpose of "tagging on" her interests, so long as the insured is also made aware that she is not required to hire the subrogation attorney. See Model Rules of Professional Conduct Rule 7.3 cmt. (1 999); ABA Comm. On Ethics and Professional Responsibility, Informal Op (1976); ABA Comm. On Professional Ethics, Informal Op. 880 (1966); ABA Comm. On Professional Ethics, Informal Op. 633 (1963). 2. Nevertheless, a subrogation attorney must still comply with all applicable ethical rules related to solicitation of new business. For example, "[a] lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services." Model Rules of Professional Conduct Rule 7.3 (1999). 4
5 D. Intermediation of Pro Rata Litigation Fee Agreements 1. A pro rata litigation fee agreement is a document executed by the insurer, the insured and the subrogation lawyer, which sets forth the rights and obligations of these three parties vis-a-vis the pursuit of a particular subrogation recovery. Typically, the agreement will set forth the terms of the attorney's representation and fees, and it also establishes the rights of the various parties to control the litigation. Moreover, it delineates a clear division between the insured and insurer as to the responsibility for their respective shares of attorneys fees and costs, as well as their respective rights to the hopeful recovery from the commonly pursued tortfeasors. 2. Jurisdictions address the entitlement to "recovery proceeds" differently. Some jurisdiction allow for an automatic "pro rata" distribution of subrogation recoveries, to wit: The insured and insurer share on a percentage basis based on their respective losses. Other jurisdictions insist that the insured be made completely whole before an insurer can share in any recovery. Yet other jurisdictions allow the insurer to recover first, before the insured is paid for its uninsured losses. 3. Whenever an insurance adjuster communicates with an insured about her entitlement to proceeds from the effectuation of a subrogation recovery, the adjuster has an ethical obligation to accurately describe the insured's rights under the applicable laws. Such communications often occur during the time when a pro rata litigation fee agreement is being discussed. After all, an insurance professional is charged with keeping "fully informed of each and every law and regulation governing or otherwise pertaining to his business activities." Code of Professional Ethics of the American Institute for Chartered Property Casualty Underwriters, p. 1 3, (4 th Ed. 1995). Also, "[I]n the conduct of business or professional activities,... [an insurance professional] shall not engage in any act or omission of a dishonest, deceitful, or fraudulent nature." Id. at "When the lawyer has not regularly represented the client, the basis
6 or rate of the fee shall be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation." Model Rules of Professional Conduct Rule 1.5(b) (1999). Also, the terms of any contingency fee agreement must be placed in writing. See Model Rules of Professional Conduct Rule 1.5 (c) (1999). Accordingly, in the context of a typical contingency fee subrogation case for an insurance carrier and/or the insured, it virtually impossible for a subrogation lawyer to be handling the case ethically without a written pro rata litigation fee agreement. 5. It is important for the subrogation lawyer to avoid conflicts of interest between his clients - - the insurer and the insured. A written pro rata litigation fee agreement makes sure that both clients know what will happen in the event of a settlement or verdict. In turn, disputes and thus conflicts of interest are avoided. Also. the common law requirements of a particular jurisdiction, as it relates to determinations of recovery splitting. can be altered by a written pro rata litigation fee agreement, so long as sufficient consideration is exchanged. For example, in a jurisdiction where the insured is normally entitled to the first dollar from any recovery, the parties could agree to a shared recovery split, so long as the insurer also agrees pay the litigation costs for the insured. 6. A subrogation lawyer is ethically permitted to assist in the drafting of a pro rata litigation fee agreement as an Intermediary. However, in order to do so, the subrogation lawyer must be certain that each client fully appreciates the issues at hand, the risks and advantages involved, and the effect on attorney client communications. The lawyer must also feel comfortable that there is little risk of prejudice to either client, and that he can maintain loyalty to both the insurer and the insured. See Model Rules of Professional Conduct Rule 2.2 (1999). II. Ethical Dilemmas When Prosecuting Or Defending Claims That Involve Other Insurers A. The Problem With Being A Plaintiff 6
7 The pursuit of a subrogation claim, similar to the representation of any plaintiff s claim, often involves the forwarding of demand packages and the filing of lawsuits. Accordingly, from time to time, the liability insurance policy of a tortfeasor is triggered by a subrogation case, which in turn injects the liability carrier of the tortfeasor into the proceedings. Because most subrogation counsel are also insurance defense lawyers, situations arise where the carrier on the "other side" has a past or present relationship with subrogation counsel. This raises the specter of an ethical dilemma. B. An Ethical Dilemma Versus A Business Dilemma The ethical rules governing the practice of law clearly forbid a lawyer from representing a client "if the representation of that client will be directly adverse to another client." Model Rules of Professional Conduct Rule 1. 7 (1999). The Model Rules do not, however, address whether a liability carrier I s presence "on the other side" of a subrogation claim is "directly adverse" within the meaning of the Model Rules. Thus, in the context of a subrogation case, this scenario actually presents a "business dilemma" for subrogation counsel, not an "ethical dilemma." This is especially the case in the typical subrogation case, where the issues at hand are primarily economic and do not concern divided loyalties or client confidences. (Gardner v. North Carolina State Bar, 341 S.E.2d 517, 521 (N.C. 1986); Comm. On Legal Ethics v. Frame, 4'33 S.E.2d 579, (W.Va. 1993). C. A Business Dilemma Can Become An Ethical Dilemma The ethical rules are clear, however, that if a lawyer cannot assure a client of his unfettered loyalty in a matter, an ethical dilemma has arisen for the lawyer. In the context of a subrogation claim, if a subrogation lawyer has concern that he will be adversely affected in his business relations because the liability carrier on the 4 4other side" will somehow retaliate against him, an ethical problem is created, and the lawyer must withdraw from the representation as subrogation counsel. See Model Rules of Professional Conduct Rule 1.7 (1999); See generally National Medical Enters., v. Godbey, 924 W.W.2d 123 (Tex. 1996). D. Subrogation Defense Cases 7
8 The converse is true when counsel is asked to defend against a subrogation case brought by an insurance carrier she typically represents. This is because the claims have the potential for revelation of the client, subrogating insurer's confidences. Thus, this scenario does involve a "directly adverse" representation, which would require counsel to obtain a waiver of the conflict by the clients involved. Port Authority of NY and NJ v. Arcadian Corp., No , 1996 U.S. Dist. LEXIS , at *10 (D.N.J. Sept. 25, 1996); See Model Rules of Professional Conduct Rule 1. 7 cmt. (1999). III. Ethical Dilemmas Arising During Joint Representation Of The Insurer And Insured A. The Problem During the course of litigation, and despite the best efforts of all involved, it is still possible for events to occur during litigation that can create conflicts of interest between the subrogating insurer and its insured. This can happen due to factual revelations through discovery or trial; or because a court makes a ruling that causes the insurer and insured to become adverse to one another; or when unexpected facts arise that make recovery more likely for either the insurer or insured, but not both, or because a litigation strategy is required which benefits one client and not the other. B. The Solution No matter the problem that arises under the circumstances described supra, the Model Rules require the subrogation lawyer to use the litigation fee agreement, or some other method, to "intermediate" the controversy between his insurer and insured clients. If good faith intermediation can not resolve the controversy, and if the litigation fee agreement does not address the requirements of counsel, withdrawal as counsel is required. See Model Rules of Professional Conduct Rule 1.4, Rule 1.7, and Rule 2.2 (1999). 8
What to Do When Your Witness Testimony Doesn t Match His or Her Declaration
What to Do When Your Witness Testimony Doesn t Match His or Her Declaration Russell R. Yurk Jennings, Haug & Cunningham, L.L.P. 2800 N. Central Avenue, Suite 1800 Phoenix, AZ 85004-1049 (602) 234-7819
More informationthe loss. The insured may possess a claim in addition to the subrogation claim if the policy
JOINT PURSUIT OF RECOVERY WITH AN INSURED: ISSUES FOR THE SUBROGATING CARRIER TO CONSIDER By: Barrett Kiernan The subrogation claim of an insurance carrier does not always include all the damages incurred
More informationORANGE COUNTY BAR ASSOCIATION. Formal Opinion 2011-01 (Collaborative Family Law)
ORANGE COUNTY BAR ASSOCIATION Formal Opinion 2011-01 (Collaborative Family Law) Issue: Can a family lawyer enter into a collaborative law agreement consistent with her ethical duties, notwithstanding the
More informationReflections on Ethical Issues In the Tripartite Relationship
Reflections on Ethical Issues In the Tripartite Relationship [click] By Bruce A. Campbell 1 Introduction In most areas of the practice of law, there are a number of ethical issues that arise on a frequent
More informationOpinion #177. Advancing Litigation Costs Through Lines of Credit
Opinion #177. Advancing Litigation Costs Through Lines of Credit Issued by the Professional Ethics Commission Date Issued: December 14, 2001 Facts and Question An attorney has requested an opinion on whether
More informationKENTUCKY BAR ASSOCIATION RULES OF THE SUPREME COURT OF KENTUCKY PRACTICE OF LAW
KENTUCKY BAR ASSOCIATION RULES OF THE SUPREME COURT OF KENTUCKY PRACTICE OF LAW SCR 3.130(1.8) Conflict of interest: current clients; specific rules (a) A lawyer shall not enter into a business transaction
More informationFALSE CLAIMS ACT STATUTORY LANGUAGE
33 U.S.C. 3729-33 FALSE CLAIMS ACT STATUTORY LANGUAGE 31 U.S.C. 3729. False claims (a) LIABILITY FOR CERTAIN ACTS. (1) IN GENERAL. Subject to paragraph (2), any person who (A) knowingly presents, or causes
More informationISBA Advisory Opinion on Professional Conduct
ISBA Advisory Opinion on Professional Conduct ISBA Advisory Opinions on Professional Conduct are prepared as an educational service to members of the ISBA. While the Opinions express the ISBA interpretation
More informationPROFESSIONAL COUNSELSM
PROFESSIONAL COUNSELSM ADVICE AND INSIGHT INTO THE PRACTICE OF LAW Lawyers Toolkit 3.0: A Guide to Managing the Attorney-Client Relationship A CNA PROFESSIONAL COUNSEL GUIDE FOR LAWYERS AND LAW FIRMS The
More informationCaught in the Middle: What to Do When Conflicts Arise Between Policyholders and Insurers
Caught in the Middle: What to Do When Conflicts Arise Between Policyholders and Insurers Robert A. Shults Jacob A. DeLeon McFall, Sherwood & Breitbeil, P.C. Houston, Texas Within the tripartite relationship,
More informationFORMAL OPINION NO. 2013-189. Accessing Information about Third Parties Through a Social Networking Website. Facts:
FORMAL OPINION NO. 2013-189 Accessing Information about Third Parties Through a Social Networking Website Facts: Lawyer wishes to investigate an opposing party, a witness, or a juror by accessing the person
More information5/12/2015 AGGREGATE PROCEEDINGS PURPOSE OF AGGREGATE PROCEEDINGS
Pretrial Practice 2015 4:00 P.M. PANEL TOPIC SETTLEMENT AGGREGATE SETTLEMENT CONCERNS May 12, 2015 New York, New York Kelly Strange Crawford, Esq. AGGREGATE PROCEEDINGS Class Actions SINGLE LAW SUIT PROCEEDING
More informationDuties of Corporate Counsel
April 1, 2015 Making It To The Finish Line & How Not To Stumble Over Your Ethical Obligations When Handling Internal Investigations, Whistleblower Complaints & Social Media A Presentation to ACC-GNY Kathleen
More informationNebraska Ethics Advisory Opinion for Lawyers No. 91-3
Nebraska Ethics Advisory Opinion for Lawyers No. 91-3 I. AS COUNSEL FOR A PLAINTIFF, AN ATTORNEY MAY NOT ETHICALLY INTERVIEW PRESENT OR FORMER EMPLOYEES OF A DEFENDANT CORPORATION IF: (a) THE EMPLOYEES
More informationUNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 14-80374-CIV-COHN/SELTZER ORDER DENYING MOTION TO DISQUALIFY DEFENSE COUNSEL
PHARMA SUPPLY, INC., v. Plaintiff, UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 14-80374-CIV-COHN/SELTZER MITCHELL A. STEIN and STEIN LAW, P.C., Defendants. / ORDER DENYING MOTION
More informationVIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION
VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION CHAPTER 585 An Act to amend and reenact 38.2-2206 of the Code of Virginia and to amend the Code of Virginia by adding in Article 7 of Chapter 3 of Title 8.01 a
More informationRULE 4-1.5 FEES AND COSTS FOR LEGAL SERVICES
RULE 4-1.5 FEES AND COSTS FOR LEGAL SERVICES (a) Illegal, Prohibited, or Clearly Excessive Fees and Costs. [no change] (b) Factors to Be Considered in Determining Reasonable Fees and Costs. [no change]
More informationETHICAL ISSUES IN THE CONTEXT OF INVESTIGATION AND PURSUIT OF PROPERTY DAMAGE SUBROGATION CLAIMS
ETHICAL ISSUES IN THE CONTEXT OF INVESTIGATION AND PURSUIT OF PROPERTY DAMAGE SUBROGATION CLAIMS By: Elliott R. Feldman Chairman, Subrogation and Recovery Department Cozen O Connor 1900 Market Street Philadelphia,
More informationSTANDARD 3.5 ON ASSISTANCE TO PRO SE LITIGANTS
STANDARD 3.5 ON ASSISTANCE TO PRO SE LITIGANTS STANDARD In appropriate circumstances, a provider may offer pro se litigants assistance or limited representation at various stages of proceedings. COMMENTARY
More informationISBA Advisory Opinion on Professional Conduct
ISBA Advisory Opinion on Professional Conduct ISBA Advisory Opinions on Professional Conduct are prepared as an educational service to members of the ISBA. While the Opinions express the ISBA interpretation
More informationTHE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES. By Craig R. White
THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES By Craig R. White SKEDSVOLD & WHITE, LLC. 1050 Crown Pointe Parkway Suite 710 Atlanta, Georgia 30338 (770)
More informationConclusions: 1. No, qualified. 2. Yes. 3. No, qualified. Discussion:
FORMAL OPINION NO 2005-158 [REVISED 2015] Conflicts of Interest, Current Clients: Representing Driver and Passengers in Personal Injury/Property Damage Claims Facts: Lawyer is asked to represent both the
More informationHow To Use Social Media To Help Your Business
Ethics of Social Media Marketing for Law Firms Presented by Paul J. Kazaras, Esq. (Philadelphia Bar Association) Gina F. Rubel, Esq., Moderator (Furia Rubel Communications, Inc. ) Apps. Blogs Chat Rooms
More informationComparison of Newly Adopted Florida Rules of Professional Conduct with ABA Model Rules FLORIDA
Comparison of Newly Adopted Florida Rules of Professional Conduct with ABA Model Rules FLORIDA New rules as adopted by Florida Supreme Court to be effective 5/22/06. Revision to Rule 1.5(f) effective 9/29/06.
More informationLegal Ethics and Fair Debt Collection Litigation
Legal Ethics and Fair Debt Collection Litigation Daniel S. Blinn Consumer Law Group LLC-Rocky Hill, CT Some of these slides are based on a prior presentation by Daniel Blinn and Brian Bromberg. Topics:
More informationEthical Issues Facing Today s Transportation Lawyers
Ethical Issues Facing Today s Transportation Lawyers R I C K K I S S I N G E R K I S S I N G E R & F E L L M A N, P C D E N V E R, C O M o d e r a t o r L E E P I O V A R C Y M A R T I N, T A T E, M O
More informationNEBRASKA ETHICS ADVISORY OPINION FOR LAWYERS NO 12-09. Upon termination of representation, a lawyer shall take steps to the
NEBRASKA ETHICS ADVISORY OPINION FOR LAWYERS NO 12-09 Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client s interests, including surrendering
More informationS09G0492. FORTNER v. GRANGE MUTUAL INSURANCE COMPANY. We granted certiorari in this case, Fortner v. Grange Mutual Ins. Co., 294
In the Supreme Court of Georgia Decided: October 19, 2009 S09G0492. FORTNER v. GRANGE MUTUAL INSURANCE COMPANY. NAHMIAS, Justice. We granted certiorari in this case, Fortner v. Grange Mutual Ins. Co.,
More informationEMPLOYMENT LAW UPDATE/ETHICAL ISSUES FOR EMPLOYERS. CLE September 2013
EMPLOYMENT LAW UPDATE/ETHICAL ISSUES FOR EMPLOYERS CLE September 2013 T WO MAJOR T YPES OF REPRESENTATIVE ACTIONS Class Actions (opt-out classes) Fed. R. Civ. P. 23(b)(3) Haw. R. Civ. P. 23(b)(3) Title
More informationEthical and Professional Responsibility Issues in Environmental Law. Ted Bosquez Vinson & Elkins L.L.P.
Ethical and Professional Responsibility Issues in Environmental Law Ted Bosquez Vinson & Elkins L.L.P. Overview Voluntary Self-Disclosure Mechanisms Ethical Considerations in Self-Disclosure Scenarios
More informationHot Ethics Issues for Product Liability Defense Attorneys
Hot Ethics Issues for Product Liability Defense Attorneys Dane S. Ciolino Loyola University New Orleans College of Law 6363 Saint Charles Ave New Orleans, LA 70118 (504) 861-5652 dciolino@loyno.edu Return
More informationETHICAL DUTIES OF ATTORNEY SELECTED BY INSURER TO REPRESENT ITS INSURED
Formal Opinions Opinion 91 ETHICAL DUTIES OF ATTORNEY SELECTED BY 91 INSURER TO REPRESENT ITS INSURED Adopted January 16, 1993. Addendum issued 2013. Syllabus A lawyer retained by a liability insurance
More informationCRIMINAL DEFENSE AGREEMENTS
5/6/13 CRIMINAL DEFENSE & CIVIL LITIGATION AGREEMENTS LLOYD M. CUETO LAW OFFICE OF LLOYD M. CUETO P.C. 7110 WEST MAIN STREET BELLEVILLE, ILLINOIS 62223 (618) 277-1554 CRIMINAL DEFENSE AGREEMENTS HOW TO
More informationTHE AMERICAN LAW INSTITUTE Continuing Legal Education
9 THE AMERICAN LAW INSTITUTE Continuing Legal Education Third Party Litigation Funding: Pros, Cons, and How It Works November 1, 2012 Telephone Seminar/Audio Webcast Alternative Litigation Funding Conference
More informationQuestion 5. After the trial, Attorney sent a $500 gift certificate to Doctor, with a note thanking her for recommending that Peter call him.
Question 5 Attorney mailed a professional announcement to several local physicians, listing his name and address and his area of law practice as personal injury. Doctor received Attorney s announcement
More informationILLINOIS LAW MANUAL CHAPTER XIII BAD FAITH AND EXTRA CONTRACTUAL LIABILITY. An insured or an assignee may recover extra-contractual damages from an
If you have questions or would like further information regarding Excess Judgments in Third Party Claims, please contact: Kevin Caplis 312-540-7630 kcaplis@querrey.com Result Oriented. Success Driven.
More informationSTANDARD CONTINGENT FEE REPRESENTATION AGREEMENT FOR INDIVIDUALS
Notice: This Agreement is not valid unless signed and accepted by an officer of The Feldman Law Firm, P.C., who will make the sole decision whether to accept your case. This Agreement may be digitally
More informationDC BAR Non-profit Insurance Webinars
PRESENTATION TITLE DC BAR Non-profit Insurance Webinars Webinar 3 Filing An Insurance Claim Date: January 12, 2011 Presented by: Erica Dominitz and Carl Salisbury, Kilpatrick Townsend LLP Tecla Pinto,
More informationETHICAL CURVE BALLS THROWN AT LAWYERS HANDLING INSURANCE COVERAGE AND DEFENSE MATTERS. By: Bruce A. Campbell 1
ETHICAL CURVE BALLS THROWN AT LAWYERS HANDLING INSURANCE COVERAGE AND DEFENSE MATTERS By: Bruce A. Campbell 1 Much has been written about the duties and ethical obligations of insurance defense counsel
More informationTORT AND INSURANCE LAW REPORTER. Informal Discovery Interviews Between Defense Attorneys and Plaintiff's Treating Physicians
This article originally appeared in The Colorado Lawyer, Vol. 25, No. 26, June 1996. by Jeffrey R. Pilkington TORT AND INSURANCE LAW REPORTER Informal Discovery Interviews Between Defense Attorneys and
More informationCONTINGENCY FEE EMPLOYMENT AGREEMENT BETWEEN ATTORNEY AND CLIENT
CONTINGENCY FEE EMPLOYMENT AGREEMENT BETWEEN ATTORNEY AND CLIENT THIS AGREEMENT is entered into as of this Day of, 2009 by and between JOSEPH L. KASHI, Attorney at Law, hereinafter called "Attorney" and,
More information(1) No action shall be filed by plaintiffs' attorneys based on workplace exposure based on any theory other than workers' compensation.
LEGAL ETHICS OPINION 1788 POTENTIAL RESTRICTION ON ATTORNEY S RIGHT TO PRACTICE LAW WHEN CO. X REQUIRES ATTORNEY TO AGREE NOT TO FILE FUTURE LAWSUITS AGAINST CO. X IN EXCHANGE FOR SETTLEMENT CONDITIONS.
More informationDUTY TO SETTLE WHEN FACED WITH MULTIPLE CLAIMS AND LIMITED POLICY LIMITS ABOUT THE AUTHORS
DUTY TO SETTLE WHEN FACED WITH MULTIPLE CLAIMS AND LIMITED POLICY LIMITS ABOUT THE AUTHORS Jay Barry Harris is a proud member of the International Association of Defense Counsel. As a named partner at
More informationWith regard to these scenarios, your request poses the following questions:
LEGAL ETHICS OPINION 1820 CAN AN ATTORNEY EMPLOYEE OF A RAILROAD COMMUNICATE WITH INJURED RAILROAD WORKERS WHO ARE REPRESENTED BY COUNSEL? You have presented two hypotheticals involving the employees of
More informationRule 3.3: Candor Toward the Tribunal
American Bar Association CPR Policy Implementation Committee Variations of the ABA Model Rules of Professional Conduct Rule 3.3: Candor Toward the Tribunal (a) A lawyer shall not knowingly: (1) make a
More informationVIDANT HEALTH POLICY & PROCEDURE. PREPARED BY: Office of Audit & Compliance REVISED: 11/09, 2/12 REVIEWED: 2/07, 2/08, 2/09, 3/10, 2/11
NUMBER: VH-AC 16 Page 1 of 9 EFFECTIVE: 01/2007 REVIEWED: 2/07, 2/08, 2/09, 3/10, 2/11 CEO APPROVAL: Topic: To Prevent and Detect Fraud and Abuse and Information regarding the Federal False Claims Act
More informationTHIS OPINION IS MERELY ADVISORY AND IS NOT BINDING ON THE INQUIRING ATTORNEY, OR THE COURTS OR ANY OTHER TRIBUNAL.
THIS OPINION IS MERELY ADVISORY AND IS NOT BINDING ON THE INQUIRING ATTORNEY, OR THE COURTS OR ANY OTHER TRIBUNAL. DELAWARE STATE BAR ASSOCIATION COMMITTEE ON PROFESSIONAL ETHICS Opinion-1991-3 June 18,
More informationComparison of Newly Adopted Rhode Island Rules of Professional Conduct with ABA Model Rules RHODE ISLAND
Comparison of Newly Adopted Rhode Island Rules of Professional Conduct with ABA Model Rules RHODE ISLAND Preamble Scope Rule 1.0 Rule 1.1 Rule 1.2 Rule 1.3 Rule 1.4 Rule 1.5 Rule 1.6 Rule 1.7 Rule 1.8
More informationSeeking Credit: Litigation Funding Issues
May 2015 Multnomah Lawyer Ethics Focus Seeking Credit: Litigation Funding Issues By Mark J. Fucile Fucile & Reising LLP Over the past 20 years, litigation funding has emerged as a potentially significant
More informationComplying with the FCPA- An Exploration of Ethical Issues Raised by Recent Cases Are the Professional Conduct Rules Any Different?
Complying with the FCPA- An Exploration of Ethical Issues Raised by Recent Cases Are the Professional Conduct Rules Any Different? By Roseann B. Termini, Esq. rbtermini@widener.edu www.fortipublications.com
More informationEthical Wrinkles In Elder Law
Ethical Wrinkles In Elder Law Devika Kewalramani There is one rule to follow above all others: Proceed with extreme caution. Devika Kewalramani is a partner and co-chair of Moses & Singer s Legal Ethics
More informationMaking Sure The Left Hand Knows What The Right Hand Is Doing Representing Health Care Providers In Medical Negligence Cases by: Troy J. Crotts, Esq.
Making Sure The Left Hand Knows What The Right Hand Is Doing Representing Health Care Providers In Medical Negligence Cases by: Troy J. Crotts, Esq. Florida Continues as National Leader in Disciplinary
More informationNEBRASKA ETHICS ADVISORY OPINION FOR LAWYERS No. 13-03
NEBRASKA ETHICS ADVISORY OPINION FOR LAWYERS No. 13-03 A SALE OF A LAW PRACTICE BY A LAWYER OR LAW FIRM TO AN EXISTING ASSOCIATE EMPLOYEE OR OWNER DOES NOT CONSTITUTE A SALE FOR PURPOSES OF NEB. CT. R.
More informationLawyers Engagement Letter Matrix
Lawyers Engagement Letter Matrix TRAVELERS 1ST CHOICE A well-crafted engagement letter can be a very effective tool for avoiding and defending malpractice claims and ethical complaints. Furthermore, engagement
More informationMPRE Sample Test Questions
MPRE Sample Test Questions The following sample questions are examples of test questions similar to those on the MPRE. While these sample questions illustrate the kinds of questions that will appear on
More information^^^^ A S S O C I AT I ON
?^}^1 OHIO STATE BAR ^^^^ A S S O C I AT I ON EST I880 OSBA Informal Advisory Opinion 2011-02 December 2, 2011 Re: Request for Informal Advisory Opinion You have requested the opinion of the Ohio State
More informationComparison of Newly Adopted Rhode Island Rules of Professional Conduct with ABA Model Rules RHODE ISLAND
Comparison of Newly Adopted Rhode Island Rules of Professional Conduct with ABA Model Rules RHODE ISLAND Preamble Scope Rule 1.0 Rule 1.1 Rule 1.2 Rule 1.3 Rule 1.4 Rule 1.5 Rule 1.6 Rule 1.7 Rule 1.8
More informationNATIONAL CONFERENCE OF INSURANCE LEGISLATORS (NCOIL) Proposed Consumer Legal Funding Model Act
NATIONAL CONFERENCE OF INSURANCE LEGISLATORS (NCOIL) Proposed Consumer Legal Funding Model Act To be considered by the NCOIL Property-Casualty Insurance Committee on July 13, 2012. Sponsored by Rep. Charles
More informationInsight from Carlton Fields
Insight from Carlton Fields Serving Two Masters: of Bond Sureties By Wm. Cary Wright; Matthew R. Cogburn; J. Derek Kantaskas In construction litigation, principals and sureties on payment and performance
More informationTwo Sample Engagement Letters (with optional notices)
NOTE: This material is intended as only an example which you may use in developing your own form. It is not considered legal advice and as always, you will need to do your own research to make your own
More information127 USE OF SOCIAL MEDIA FOR
127 USE OF SOCIAL MEDIA FOR INVESTIGATIVE PURPOSES Adopted September 2015 Introduction As various forms of social media have become commonplace, lawyers increasingly utilize social media and social networks
More informationNotice of Class Action Lawsuit and Proposed Settlement. You May be Entitled to Receive a Settlement Payment.
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF NORTH CAROLINA Notice of Class Action Lawsuit and Proposed Settlement. You May be Entitled to Receive a Settlement Payment. A federal court authorized this
More informationUnraveling the Closing Protection Letter
Unraveling the Closing Protection Letter Prepared by Sara Bennett Underwriting Counsel Fidelity National Title Group 2012 WLTA Seminars The Closing Protection Letter What is a CPL? Who Issues the CPL?
More informationHow To Know If A Prosecutor Can Contact A Victim In A Criminal Case
Nebraska Ethics Advisory Opinion for Lawyers No. 09-03 IF THE VICTIM IN A CRIMINAL CASE THAT A COUNTY ATTORNEY IS PROSECUTING HAS RETAINED COUNSEL TO REPRESENT HIM IN A CIVIL CASE ARISING FROM THE SAME
More informationSweating The Small Stuff: Arbitrating Workers Compensation Subrogation Files
Sweating The Small Stuff: Arbitrating Workers Compensation Subrogation Files by Robert Reynolds, Arbitration Forums, Inc., Lexington, Kentucky, and Gary L. Wickert, Matthiesen, Wickert & Lehrer, S.C.,
More informationEthical Considerations for the Estate Attorney. Trusts and Estates Practice is Difficult to Categorize
Ethical Considerations for the Estate Attorney Trusts and Estates Practice is Difficult to Categorize Clients are generally older, but many younger people are planning for retirement and family members.
More informationOPINION 2014-2 Issued August 8, 2014. Imputation of Conflicts in a Part-Time County Prosecutor s Law Firm
BOARD OF COMMISSIONERS ON GRIEVANCES & DISCIPLINE 65 SOUTH FRONT STREET, 5 TH FLOOR, COLUMBUS, OH 43215-3431 Telephone: 614.387.9370 Fax: 614.387.9379 www.supremecourt.ohio.gov DAVID E. TSCHANTZ CHAIR
More informationIllinois Fund Doctrine
Illinois Fund Doctrine Illinois Association of Defense Trial Counsel By: Michael Todd Scott State Farm Insurance Company, Bloomington The Illinois Fund Doctrine, Can It Be Avoided? I. Introduction Since
More informationPRACTICE GUIDELINES MEMORANDUM. RE: Sample Bankruptcy Motions and Orders for Personal Injury Practitioners and Trustees
PRACTICE GUIDELINES MEMORANDUM TO: FROM: Attorneys Practicing Before Me And Other Interested Persons C. Timothy Corcoran, III United States Bankruptcy Judge DATE: January 3, 2000 1 RE: Sample Bankruptcy
More informationA LAWYER S CREED OF PROFESSIONALISM OF THE STATE BAR OF ARIZONA
A LAWYER S CREED OF PROFESSIONALISM OF THE STATE BAR OF ARIZONA Preamble As a lawyer I must strive to make our system of justice work fairly and efficiently. In order to carry out that responsibility,
More informationLawyer Mobility in the Context of Corporate Law Departments
Lawyer Mobility in the Context of Corporate Law Departments Presented by: William H. Roberts, Blank Rome LLP Jeremy A. Rist, Blank Rome LLP Kevin M. Passerini, Blank Rome LLP I. Do corporations need to
More informationKENTUCKY BAR ASSOCIATION Ethics Opinion KBA E-290 Issued: September 1984
KENTUCKY BAR ASSOCIATION Ethics Opinion KBA E-290 Issued: September 1984 This opinion was decided under the Code of Professional Responsibility, which was in effect from 1971 to 1990. Lawyers should consult
More informationXYZ Co. shall pay $200 per hour to each of Lawyer A and Lawyer B for additional time (including travel) spent beyond the initial eight hours.
LEGAL ETHICS OPINION 1715 SETTLEMENT AGREEMENT; FUTURE CONFLICTS; RESTRICTION OF LAWYER'S PRACTICE. This responds to your letter dated December 15, 1997, requesting an advisory opinion that addresses a
More informationA Bill Regular Session, 2015 SENATE BILL 830
Stricken language would be deleted from and underlined language would be added to present law. State of Arkansas 90th General Assembly A Bill Regular Session, 2015 SENATE BILL 830 By: Senator D. Sanders
More informationIN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION
IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION JOHN FRAZIER HUNT, : DECEMBER TERM, 2004 Plaintiff, : No. 2742 v. : (Commerce Program) NATIONAL
More informationTENNESSEE ASSOCIATION OF CRIMINAL DEFENSE LAWYERS ANNUAL DUI TRAINING 2010 TUNICA, MISSISSIPPI - OCTOBER 21-22, 2010
TENNESSEE ASSOCIATION OF CRIMINAL DEFENSE LAWYERS ANNUAL DUI TRAINING 2010 TUNICA, MISSISSIPPI - OCTOBER 21-22, 2010 Glenn R. Funk 117 Union Street Nashville, TN 37201 (615) 255-9595 ETHICS IN DUI DEFENSE
More informationKentucky Bar Association Ethics Opinion KBA E-408 Issued: July 1999
Kentucky Bar Association Ethics Opinion KBA E-408 Issued: July 1999 Since the adoption of the Rules of Professional Conduct in 1990, the Kentucky Supreme Court has made substantial revisions to the rules
More informationThe Role of Defense Counsel in Ineffective Assistance of Counsel Claims
The Role of Defense Counsel in Ineffective Assistance of Counsel Claims I. Every criminal defense lawyer will, at sometime or another, be challenged as ineffective it comes with the territory. It is natural
More informationAlternative Litigation Finance, Part 2
Alternative Litigation Finance, Part 2 The Ethical Do s and Don ts: Best Practices When Clients Finance Fiduciary Litigation By Robert Barton and Wendy Walker Robert Barton is an associate in the Los Angeles,
More informationBy Michael J. Rooney
This author argues that attorneys can act as title agents while representing clients in the same real-estate transaction. They must, however, make key disclosures and obtain corresponding consents, follow
More informationDel O'Roark, Loss Prevention Consultant, Lawyers Mutual Insurance Co. of Ky.
Limited Scope Representation "Where L.A. Law Meets Home Improvement" Del O'Roark, Loss Prevention Consultant, Lawyers Mutual Insurance Co. of Ky. KBA Bench & Bar, Vol. 64 No. 3, May 2000 A New Jersey lawyer
More informationUNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION : : : : CLASS ACTION
TO UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION x In re IMMUCOR, INC. SECURITIES LITIGATION This Document Relates To Civil Action No. 105-cv-02276-WSD CLASS ACTION ALL ACTIONS.
More informationKENTUCKY BAR ASSOCIATION Ethics Opinion KBA E-425 Issued: June 2005
KENTUCKY BAR ASSOCIATION Ethics Opinion KBA E-425 Issued: June 2005 Since the adoption of the Rules of Professional Conduct in 1990, the Kentucky Supreme Court has adopted various amendments, and made
More informationInsurance Bad Faith. Some Considerations In Addressing Time-Limit Demands MEALEY S TM LITIGATION REPORT
MEALEY S TM LITIGATION REPORT Insurance Bad Faith Some Considerations In Addressing Time-Limit Demands by Ryan K. Hilton Butler Pappas Weihmuller Katz Craig LLP A commentary article reprinted from the
More informationThe Enforceability of Mediated Settlement Agreements. By: Thomas J. Smith The Law Offices of Thomas J. Smith San Antonio, Texas
The Enforceability of Mediated Settlement Agreements By: Thomas J. Smith The Law Offices of Thomas J. Smith San Antonio, Texas NIGHTMARE ON MEDIATION STREET You mediate a case where the Plaintiff is suing
More informationTHE OHIO STATE TROOPERS ASSOCIATION CRIMINAL DEFENSE LEGAL EXPENSE REIMBURSEMENT INSURANCE POLICY
THE OHIO STATE TROOPERS ASSOCIATION CRIMINAL DEFENSE LEGAL EXPENSE REIMBURSEMENT INSURANCE POLICY I. BENEFITS 1) In consideration of the premium specified on the Declaration Page forming part of this Master
More informationOFFICIAL COURT NOTICE OF SETTLEMENT
OFFICIAL COURT NOTICE OF SETTLEMENT KELLY MINICH AND DEBBIE MINICH, individually and on behalf of all others similarly situated, Superior Court of California, County of San Diego v. Plaintiffs, Case No.
More informationT H E S T A T E B A R O F T E X A S ATTORNEY-CLIENT RELATIONSHIP
T H E S T A T E B A R O F T E X A S ATTORNEY-CLIENT RELATIONSHIP A client s relationship with a lawyer is unique. Lawyers and clients must be able to communicate freely for clients to receive the help
More informationAvoiding Legal Malpractice Law Suits
Avoiding Legal Malpractice Law Suits Daniel L. Abrams Law Office of Daniel L. Abrams, PLLC 2 Penn Plaza, Suite 1500 New York, NY 10121 Dan@LawyerQuality.com 1 Daniel L. Abrams concentrates his practice
More informationDiscovery in Bad Faith Insurance Claims: State of the Law, Successful Strategies. Teleconference Program Wednesday, March 29, 2006
Discovery in Bad Faith Insurance Claims: State of the Law, Successful Strategies Teleconference Program Wednesday, March 29, 2006 Topic III A. Who is suing? Does it matter? 1. Whether suit is brought by
More informationWAIVER OF FUTURE CONFLICTS OF INTEREST: PERMITTED IN GEORGIA?
WAIVER OF FUTURE CONFLICTS OF INTEREST: PERMITTED IN GEORGIA? Middle District of Georgia Bankruptcy Law Institute Friday, September 7, 2007 Macon, Georgia Clark D. Cunningham W. Lee Burge Professor of
More informationCONTACTING REPRESENTED PARTIES: ETHICAL CONSIDERATIONS
CONTACTING REPRESENTED PARTIES: ETHICAL CONSIDERATIONS By William J. Wernz and Wendy Willson Legge Minnesota Office of Lawyers Professional Responsibility Reprinted from Minnesota Trial Lawyer (Summer
More informationPROFESSIONAL LIABILITY INSURANCE ADD LAWYER INFORMATION SUPPLEMENT
PROFESSIONAL LIABILITY INSURANCE ADD LAWYER INFORMATION SUPPLEMENT Medmarc Casualty Insurance Company 14280 Park Meadow Drive Suite 300 Chantilly, VA 20151-2219 800.356.6886 703.652.1300 1. New Lawyer:
More informationG.S. 20-279.21 Page 1
20-279.21. "Motor vehicle liability policy" defined. (a) A "motor vehicle liability policy" as said term is used in this Article shall mean an owner's or an operator's policy of liability insurance, certified
More informationISBA Advisory Opinion on Professional Conduct
ISBA Advisory Opinion on Professional Conduct ISBA Advisory Opinions on Professional Conduct are prepared as an educational service to members of the ISBA. While the Opinions express the ISBA interpretation
More informationCOURT APPROVAL OF SETTLEMENTS INVOLVING MINORS OR INCOMPETENTS By WILLIAM S. MILLS GLENN, MILLS & FISHER, P.A. DURHAM, NORTH CAROLINA
COURT APPROVAL OF SETTLEMENTS INVOLVING MINORS OR INCOMPETENTS By WILLIAM S. MILLS GLENN, MILLS & FISHER, P.A. DURHAM, NORTH CAROLINA I. SETTLEMENTS INVOLVING MINORS Settlements involving the claims of
More informationHILTON HARRISBURG & TOWERS
UNFAIR CLAIMS SETTLEMENT PRACTICES (REGULATIONS) AND PRIVACY OF CONSUMER FINANCIAL INFORMATION (REGULATIONS) THEIR POTENTIAL IMPACT UPON BAD FAITH ACTIONS Presented By: Jay Barry Harris, Esquire Krista
More informationPresentation to the Bankruptcy Section of the Minnesota State Bar Association
Chapter 7 Trustees Ethical Considerations David P. Leibowitz Lakelaw 420 W. Clayton Street Waukegan, IL 60085 847 249 9100 dleibowitz@lakelaw.com Presentation to the Bankruptcy Section of the Minnesota
More informationOPINION 2016-3 Issued June 3, 2016. Lawyer Participation in Referral Services
BOARD OF PROFESSIONAL CONDUCT 65 SOUTH FRONT STREET, 5 TH FLOOR, COLUMBUS, OH 43215-3431 Telephone: 614.387.9370 Fax: 614.387.9379 www.supremecourt.ohio.gov PAUL M. DE MARCO CHAIR WILLIAM J. NOVAK VICE-
More informationORDER GRANTING TRAVELERS INSURANCE COMPANY / HARTFORD UNDERWRITERS INSURANCE S MOTION TO INTERVENE
Pulitano v. Thayer St. Associates, Inc., No. 407-9-06 Wmcv (Wesley, J., Oct. 23, 2009) [The text of this Vermont trial court opinion is unofficial. It has been reformatted from the original. The accuracy
More information